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JAKARTA, Indonesia, July 6 (CDN) — The Gereja Kristen Indonesia (GKI) Taman Yasmin Church in Bogor, West Java has filed a religious discrimination appeal with the United Nations Special Rapporteur on freedom of religion or belief, church leaders said.

Since April 11 the congregation has held services on the roadside in front of the sealed church in stifling heat. The church pastor, the Rev. Ujang Tanusaputra, told Compass that the congregation has held Sunday services six times in front of the building that the mayor of Bogor sealed.

“We are going to continue worshipping by the roadside as part of the struggle to remove the seal,” he told Compass.

Tanusaputra said that the church had received an official building permit from the Bogor City government.

“Yet, somehow, because of a group that objected to the presence of a church, our construction was stopped and later sealed,” he said.

He said that even though the church brought suit against the sealing in court – and won – the congregation is not permitted to worship in the building, which is 80 percent completed.

Tanusaputra said he hopes the Lord will intervene to show that Indonesia is a country where laws are followed and all faiths may freely worship.

One of the church elders, Thomas Wadu Dara, said that before the church was constructed, and after the congregation had won the court case, there was a meeting with the Bogor mayor. The mayor told them to go ahead with construction and to build relations with the community so that their presence would be understood and accepted.

The construction was going smoothly until a Muslim group began demonstrating and the government sealed the building to appease them.

Wadu Dara said he hopes that the Bogor government will be firm and honor the decision of the court in Bandung, the provincial capital.

“I hope that the seal will be taken away and that we can finish construction,” he said.

Jayadi Damanik, a member of the church’s legal team, added that the sealing of the church is arbitrary and without legal basis.

“We have requested that the Bogor government be aware of the sealing and remove it,” he said, adding that he was astonished that Bogor city officials were not obeying the Bandung provincial court decision in favor of the GKI Yasmin church.

The government wants people to obey the law, yet the government itself is not respecting the rule of law, Damanik added.

“This is most ironical in a law-abiding country such as Indonesia,” he said.

On June 20 Compass visited the church’s Sunday worship, where about 200 people met in a service limited to one hour. Approximately 100 policemen were present with at least 10 vehicles and nearby water cannon.

“If the building were unsealed, we wouldn’t need such tight police security,” said Wadu Dara.

During the service, a 20-year-old woman fainted from the heat of the sun.

Defying the Law

A survey by the denomination showed that there was a need for the church in the Taman Yasmin area. The Taman Yasmin Housing development had land zoned for a church, but that land was used for a worship place of another faith.

The GKI Yasmin development team purchased a 1,720-square meter commercial lot from PT Inti Inovaco and contacted community members, leaders, and civic groups regarding the construction of a church building. On March 10, 2002, the church had collected 170 signatures of citizens agreeing to the presence of a church on West Bogor Ring Road, Curug Mekar village, Bogor City.

The church canvassed the area six times between 2003 and 2006, holding public information meetings attended by hundreds of people, including youth and local leaders. It secured and submitted the necessary recommendations, and on July 13, 2006, the mayor of Bogor issued a decree granting GKI Yasmin a building permit.

On Aug. 18, 2006, the church held a public meeting with the head and the secretary of the Indonesian (Muslim) Cleric Elders (Majelis Ulama Indonesia Bogor), the West Bogor district officer, Muslim leaders, village heads, the chief and deputy chief of the West Bogor police and leaders of community organizations. The next day, a representative of the Bogor government who read a message from the mayor laid the church cornerstone.

Yet less than two months later, on Oct. 11, the church received a letter from the Bogor City secretary ordering the church to stop construction and move to another location.

On Dec. 6, 2006, the church received a letter from PT Inti Inovaco stating that the Taman Yasmin Housing area was not zoned for non-Muslim community facilities. The Taman Yasmin Great Mosque was using the land zoned for community facilities (its foundation had been laid). The church therefore decided to stay where it was, and on Jan. 10, 2007 laid the foundation for its building.

On Feb. 10, 2007 a demonstration took place in front of the Bogor City Legislature demanding that the church building permit be revoked. Four days later, the Bogor government sent a letter to the church freezing the building permit.

The church immediately reacted. It sent letters to the mayor, other involved government bodies, Muslim clerics and Islamic community organizations and filed a complaint with the national human rights commission.

The church argued that according to Article 6, paragraph 1 of Joint Ministerial Decree No. 8 and No. 9 (2006), there is no legal “freezing” of a permit. This decree says that a permit can be cancelled only through court proceedings. GKI Yasmin went to court.

On Sept. 4, 2008, the court in Bandung nullified the Bogor government letter “freezing” the building permit. Bogor City appealed the decision and lost. The Bandung court issued a letter on March 30, 2009 stating that Bogor City had exhausted all appeals.

With the legal issues cleared, the church resumed construction. On Jan. 8, 2010, however, the church received a threatening letter. A short time later, a band of people damaged a fence around the property.

On Feb. 25, Bogor Mayor Diani Budiarto retracted his recommendation for the project, citing community pressure and protests since the building permit had been issued in 2006. The church received a letter on March 8 from the Bogor government ordering that construction stop.

On March 11 the Bogor government hung a sign saying “sealed” on the fence without following legal procedures, so the church continued construction. Church leaders wrote a letter to police and a local military commander in April notifying them that worship services would start on April 11. On the day before this initial service, members of the church people were setting up chairs when police – in defiance of previous court decisions – arrived at 5 p.m., cut the lock on the gate, and replaced it with their own lock. They also placed a sign on the gate that read, “Sealed.”

Since April 11 the congregation has been holding services in front of the fence by the roadside.

SIDEBAR

In Bekasi, Dialogue Fails and Another Church is Closed

JAKARTA, Indonesia, July 6 (Compass Direct News) – After failed dialog between Indonesian officials and representatives of the Huria Kristen Batak Protestan (HKBP) Podok Timur Indah Church in Bekasi City, West Java, government officials sealed the house where the church was meeting.

The church pastor, the Rev. Luspida Simanjuntak, said the church that was meeting in Mustika Jaya district had attempted talks with the government, but pressure from Islamic organizations, including the Islamic Defenders’ Front, was so strong that the government could not stand up to it.

On June 20, Bekasi City officials sealed the building. Bekasi City Area Deputy Zaki Hoetomo admitted that the action was taken because of pressure from Islamic organizations upset by expanding Christian influence. Officials sealed it by placing a sign in front of the structure stating that it violated zoning, permit and construction regulations.

The church has been meeting in the house as the local government has delayed the processing of its application for a building permit.

Hoetomo said officials had contacted church leaders three times about the use of the house, but that there had been no response.

Members of the congregation wept as the building was sealed. Representatives of Islamic organizations, including the Anti-apostasy Forum of Bekasi, also witnessed the sealing.

Simanjuntak said the closure was unjust.

“How is it possible to forbid people to worship?” Simanjuntak told Compass, adding that the government was favoring the majority and neglecting others.

The pastor said the congregation will be firm and continue its regular worship at the place.

“We are going to stay at this house and worship according to our faith, even if we have to do it in the street,” Simanjuntak said.

The church of 1,500 members has thrived in the Mustika Jaya district for four years, its building permit application bogged down in bureaucracy.

JAKARTA, Indonesia, May 4 (CDN) — Hundreds of people calling themselves the Muslim Community of the Puncak Route last week burned buildings under construction belonging to a Christian organization in West Java Province.

Believing that a church or school building was being built, the mob set fire to the Penabur Christian Education Foundation’s unfinished guest house buildings in Cibeureum village of Cisarua sub-district, Bogor Regency, on April 27. They also burned a watchman’s hut and at least two cars belonging to foundation directors.

A leader of the mob who identified himself only as Tabroni told Compass that local residents did not want a Christian worship center or Christian school in the predominantly Muslim area of Cibeureum known as Kongsi.

“We found that there is an effort to Christianize through the construction of a school and a Christian place of worship,” Tabroni said. He claimed that the foundation had broken a promise to build only a guest house, not a school and a place of worship.

A foundation spokesperson identified only as Mulyono denied that it was building a school or a place of worship. Mulyono added that the guest house, a term synonymous with “conference center” in Indonesia, will be used for education and training.

“It is not true that we were building a school or a place of worship,” Mulyono told Compass.

The spokesperson said the foundation had received building permits in June of 2009. An official identified only as Nuryadi of the Bogor Regency office confirmed that all of permits for a guest house and use of the land had been granted in June 2009.

The mob destroyed buildings being constructed on 2.5 hectares (6.18 acres) of land.

A consultant said the Penabur foundation has been building Icharius Guest House since February and had expected to see it completed in August.

Suspicions

Suspicions that a Christian school and a place of worship were being built started almost immediately, as a worship service accompanied the laying of the cornerstone.

Cisarua District Officer Bambang Usada said this led to misunderstanding.

“We had agreed that a guest house was to be built,” he said. “Maybe they though it was going to be a church.”

Bogor Police Chief Tomex Kurniawan agreed, saying local residents were never satisfied with explanations of the buildings’ purposes. Penabur officials had explained that there would be no house of worship and that a guest house was being constructed with permission of the Bogor government.

“We had mediation meetings, but the people were never satisfied,” Kurniawan said. “We are now digging for more information for our investigation. There have been property losses, and someone is responsible.”

Dissatisfaction and the attendant religious intolerance among local residents were evident. The local block captain, who identified himself only as Rahmat, said he never accepted that district and regency officials had granted permission for the building.

“They were not building a guest house, but a place of worship,” Rahmat told Compass.

At press time police had no suspects for the attack. They have gathered information from 14 people, including construction workers, and they are guarding the building site against further incidents.

Construction has been suspended, also as a precautionary measure.

“We are waiting for a more conducive atmosphere,” Mulyono said.

The Penabur Foundation was founded in 1952 under the name the West Java Chinese Kie Tok Kauw Hwee Education Foundation. On March 21, 1989, the name was changed to the Penabur Christian Education Foundation. It runs approximately 60 schools across Indonesia.

Conflict in South Sumatra Province illustrates difficulty in obtaining building permits.

JAKARTA, July 15 (Compass Direct News) – Members of several Muslim organizations joined a demonstration on June 27 to protest construction of a Huria Kristen Batak Protestant (HKBP) church building in Plaju, outside of Palembang, capital of South Sumatra Province.

The South Sumatra Muslim Forum (FUI Sumsel) organized the demonstration. Carrying a copy of a mayoral decree dated May 2009 ordering a halt to construction, the protestors gathered outside the building site, listened to speeches and then destroyed a bridge leading to it before demanding that the government ban the building project.

A spokesman from FUI Sumsel who goes by the single name of Umar, said the group objected on grounds that the church had not secured permission from the local Interfaith Harmony Forum nor a building permit; both are required by a Joint Ministerial Decree regulating the establishment of places of worship.

Umar claimed there were few Christians in the area and questioned the need for a church building.

The chairman of South Sumatra’s Interfaith Harmony Forum, who goes by the single name of Syairozi, confirmed that his group had not given permission for HKBP to construct a church building in the area and said such permission was necessary before a building permit could be issued.

The deputy mayor of Palembang, Haji Rom Herton, issued the May decree ordering a halt to construction because of incomplete documentation.

Confronting Bureaucracy

Church members had originally planned to hold a worship service and lay the cornerstone of their new building on June 7.

HKBP Plaju, which first met in 1961, currently worships along with two other congregations in a building owned by the government oil company Pertamina. Several years ago HKBP purchased a 1,370-square meter plot in Palembang, but due to local opposition they were unable to obtain a building permit.

In January, church member Hadi Suroyo donated another 1,500-square meter plot of land to the church, and the congregation drew up plans for a building. A building committee chaired by Saut Tumpal Marpaung then applied to the mayor of Palembang for permission to build a house of worship, but the mayor asked them to approach the governor of South Sumatra.

On Feb. 10 a delegation of church leaders led by the Rev. Japati Napitupulu met with Gov. Alex Noerdin, who said he had no objection to the building of the church.

Napitupulu, responding to criticism that the church pressed ahead with building plans before the application process was complete, said he felt the governor had granted permission in principle. He acknowledged, however, that the church had not “finished working through the permit process at the local level.”

As HKBP Plaju and other congregations have learned through bitter experience, applications for church permits are often fraught with difficulty in Indonesia, leaving many congregations no choice but to worship in private homes, hotels or rented conference facilities.

Such gatherings leave churches open to threats and intimidation from activist groups such as the Front Pembela Islam (Islamic Defenders Front), in recent years responsible for the closure of many unregistered churches.

A standing committee assigned to consider a draft “Bill for the Prohibition of Forcible Conversions” presented its report to Parliament on Jan. 6, suggesting minor amendments that clear the way for a final vote in February. The provisions of the bill criminalize any act to convert or attempt to convert a person from one religion to another religion by the use of force, fraud or allurement. Those found guilty of breaking the law could be imprisoned for up to seven years and/or fined up to 500,000 rupees (US$4,425).

The Ven. Omalpe Sobitha Thero, a member of the Buddhist Jathika Hela Urumaya party (JHU or National Heritage Party), first proposed the draft in 2004. While the JHU claims the bill is designed to stop unethical conversions, civil rights groups and Christian churches say it will infringe on the constitutional rights of freedom of religion and legitimize harassment of religious minorities.

Buddhists form a 70 percent majority in Sri Lanka, with Roman Catholics constituting 7 percent and Protestant Christians only 1 percent of the population.

After the first reading of the bill in Parliament in August 2004, 22 petitions were filed in the Supreme Court challenging the validity of the draft legislation.

The Supreme Court determined the draft bill to be valid except for clauses 3 and 4(b), which it deemed unconstitutional. These clauses required any person who converted or participated in a religious conversion ceremony to report to a government official and prescribed punishment for failure to report such conversions.

The draft was then referred to a parliamentary standing committee for further review. In its report, presented to the House on Jan. 6, the committee made a few amendments to the original draft in keeping with Supreme Court recommendations. The most notable amendment was the deletion of the need to report conversions and the punishment prescribed for not reporting them.

These amendments paved the way for the draft bill to be passed by a simple majority vote when it is presented for a final reading in Parliament this February.

Chief Opposition Whip Joseph Michael Perera, however, has requested a two-day debate on the draft bill on grounds that it would affect all religions.

Fulfilling Campaign Promises

The JHU, founded and led by Buddhist clergymen, made anti-conversion legislation a cornerstone of its debut election campaign in 2004, when it won nine seats in Parliament. With the possibility of an early general election this year, the bill has become a matter of political survival for the JHU.

At a press briefing on Jan. 7, Ven. Ellawela Medhananda Thero, a Buddhist monk and Member of Parliament representing the JHU, called on all political parties to vote in favor of the bill.

“People expected us to fulfill two goals,” he said. “One was to end unethical conversions and the other was to liberate the country from the Liberation Tigers of Tamil Eelam. That is why we entered politics.”

Ven. Medhananda Thero added that the purpose of the bill was to protect all major religions in the country from fundamentalists and unethical conversions.

Sri Lanka’s Christian community and civil rights groups have strongly objected to the draft legislation. Far from stemming alleged forced conversions, they claim the bill will become a weapon of harassment through misapplication, limiting the fundamental rights of thought, conscience and religion. These rights include the right to adopt a religion and the right to practice, observe and teach religion.

The National Christian Evangelical Alliance of Sri Lanka (NCEASL) said in a recent press statement that, “It is our gravest concern that this bill will grant legal sanction for the harassment of religious communities or individuals, and offer convenient tools of harassment for settling personal disputes and grudges, totally unrelated to acts of alleged ‘forced’ conversion.”

Banning Compassion

According to Section 2 of the draft bill, the offer of any temptation such as a gift, cash or any other gratification to convert or attempt to convert a person from one religion to another is punishable with up to seven years of prison and a maximum fine of 500,000 rupees (US$4,425) – equal to approximately three years’ wages for the average Sri Lankan citizen.

Sri Lankan Christians have repeatedly expressed concern that key sections of the draft bill are open to wide and subjective interpretation that could criminalize not only legitimate religious activity but also legitimate social action by faith-based organizations or individuals.

“A lady who heads a charitable trust caring for orphans asked if she could be charged under this law, since she is a Christian and some of the children she cares for are not,” a lawyer told Compass. “Many people will now think twice before helping the poor or needy, for fear of being accused of committing a criminal act.”

Ironically, on June 4, 2008, in his address to the new Sri Lankan ambassador to the Holy See, Pope Benedict XVI had acknowledged the Sri Lankan government’s appreciation of the Catholic Church’s charity work in the country.

“Such action is a concrete example of the Church’s willing and prompt response to the mission she has received to serve those most in need,” he said. “I commend any future measures which will help guarantee that Catholic hospitals, schools and charitable agencies can continue to care for the sick, the young and the vulnerable regardless of ethnic or religious background.”

He went on to assure the government that “the Church will continue in her efforts to reach out with compassion to all.”

On Jan. 8, at his traditional New Year meeting with all ambassadors to the Holy See, the pope appeared to be addressing concerns over anti-conversion legislation.

“The Church does not demand privileges, but the full application of the principle of religious freedom,” he said. He also called on Asian governments to ensure that “legislation concerning religious communities guarantees the full exercise of this fundamental right, with respect for international norms.”

Since the first draft anti-conversion bill was presented to Parliament in 2004, the National Christian Council of Sri Lanka, NCEASL and Catholic Bishops Conference of Sri Lanka have repeatedly called for an alternative solution based on inter-faith dialogue with fair representation of all religious communities.

“Enactment of laws to regulate something as intrinsically personal as spiritual beliefs will not contribute towards resolving disagreements and promoting religious harmony,” said Godfrey Yogarajah, executive director of the World Evangelical Alliance Religious Liberty Commission. “On the contrary, it will create mistrust and animosity.”